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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 34207
Short Caption:STATE VS. ILIESCU (HEATH)Court:Supreme Court
Related Case(s): 35110
Lower Court Case(s):Clark Co. - Eighth Judicial District - C152166Classification:Criminal Appeal - Other - Suppression
Disqualifications:LeavittCase Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:03/29/2000 at 1:30 PMOral Argument Location:Carson City
Submission Date:03/29/2000How Submitted:After Oral Argument

+ Party Information

Docket Entries
05/14/1999Filing Fee Filing Fee Waived.
05/14/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal from Grant of Motion to Suppress. Appeal docketed in the Supreme Court this day. 99-03954
05/17/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Fast Track. (Fast Track Notice mailed to all counsel.) 99-04033
06/04/1999Order/ProceduralFiled Order. On May 17, 1999, the clerk of this court notified the parties that this appeal will be subject to the fast track provisions of NRAP 3C. This court has determined that this appeal shall proceed as follows. Pursuant to SCR 250(5)(b), the court reporter in the trial court proceedings must give priority to transcripts of pretrial proceedings in capital cases. Appellant's counsel shall have to and including June 11, 1999, to comply with the requirements of NRAP 9(a). The court reporter shall have to and including June 18, 1999, to file a certified copy of the requested transcript with this court. The fast track briefing provisions of NRAP 3C(e) and (f) shall not apply to this appeal. The parties shall adhere to the following expedited briefing schedule. Appellant shall have 20 days from the date of this order to file and serve an opening brief; respondent shall have 20 days from the date of service of the opening brief to file and serve the answering brief; the reply brief shall be filed and served within 20 days from the date of service of the answering brief. Appellant's opening brief shall include a statement of good cause why this appeal should proceed. The answering brief may include a response. This court does not expect requests for extensions of time in the briefing schedule. 99-04656
06/14/1999Transcript RequestFiled Request for Transcript of Proceedings. Proceedings: April 5, 1999, May 6, 1999, May 7, 1999 and May 12, 1999. To Court Reporter: James Helleso. 99-05101
06/14/1999TranscriptFiled Transcript. Proceedings: April 5, 1999, May 6, 1999, May 7, 1999 and May 12, 1999. Court Reporter: James Helleso. 99-05103
06/25/1999BriefFiled Opening Brief. Mailed on: Express-No postmark. 99-05560
06/25/1999AppendixFiled Appendix to Opening Brief. Volumes 1 through 4. 99-05561
07/14/1999MotionFiled Motion to Extend Time. Motion for Extension of time to file Respondent's Fast Track Response. 99-06303
07/23/1999Order/ProceduralFiled Order. On July 14, 1999, Iliescu filed a "Motion for extension of Time to File Respondent's Fast Track Statement." This matter is not proceeding under NRAP 3C. Iliescu shall have to and including August 30, 1999, to file and serve his answering brief. The state's reply brief, if any, shall be filed and served within 20 days from the date of service of the answering brief. 99-06653
08/30/1999MotionFiled Motion to Extend Time. Motion for Extension of Time to File Respondent's Brief. 99-08090
09/13/1999Notice/IncomingFiled Notice. Corrected Index of Appellant's Appendix. 99-08613
09/22/1999Order/ProceduralFiled Order Granting Motion. The clerk of this court shall file the answering brief provisionally received in this court on September 14, 1999. The state shall have 30 days from the date of this order to file the reply brief, if any. 99-09002
09/22/1999BriefFiled Answering Brief. Respondent's Answering Brief. 99-08640
09/22/1999AppendixFiled Appendix to Answering Brief. Respondent's Appendix. 99-08641
10/18/1999BriefFiled Reply Brief. Mailed on: Express-No postmark. 99-10099
11/09/1999MotionFiled Motion to Consolidate. Motion to Consolidate. (Nos. 34207 and 35110). 99-11065
01/06/2000OtherDisqualification of Justice Leavitt. Sat in district court proceedings.
01/19/2000Order/ProceduralFiled Order Scheduling Oral Argument. The clerk of this court shall schedule these matters for oral argument on the March, 2000 en banc oral argument calendar. Oral argument shall be limited to one hour. The parties shall be prepared to discuss during oral argument the issues raised in the suppression appeal as well as in the writ petition. (These cases are not consolidated). Nos. 34207, 35110. 00-00839
01/28/2000Letter/IncomingFiled Letter. Requesting a continuation of Oral Argument (nos. 34207/35110). 00-01463
01/31/2000Notice/OutgoingIssued Letter. Letter to Attorney Dominic Gentile. No action will be taken on his letter requesting continuance of oral argument. A motion is required per NRAP 34(a). Nos. 34207, 35110. 00-01546
02/02/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for March 29, 2000 at the hour of 1:30 p.m. for 1 hour in Carson City. (En Banc) (Nos. 34207 and 35110.) 00-01642
02/09/2000Notice/IncomingFiled Notice. Change of Address for attorney Dominic P. Gentile (nos. 34207/35110). 00-02066
03/15/2000Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 34207 and 35110). 00-04128
03/29/2000Case Status Update Submitted for Decision. Before the En Banc Court. RR/CY/WM/MS/DA/NB
02/02/2001MotionFiled Motion. Motion to Hold Appeals in Abeyance. Nos. 34207/35110 01-02240
02/13/2001Order/ProceduralFiled Order Granting Motion. On February 2, 2001, the State of Nevada filed a motion requesting this court to hold the above entitled matters in abeyance until the date of sentencing of Heath Iliescu. Mr. Iliescu is scheduled to be sentenced in district court on March 13, 2001. The matters in Docket No. 34207 and Docket No. 35110 shall be held in abeyance until further notice from this court. The parties shall have 7 days from the date of Mr. Iliescu's sentencing hearing to notify this court whether these matters shall be dismissed. Nos. 34207/35110. 01-02838
03/28/2001MotionFiled Motion to Dismiss Appeal. Joint Motion to Dismiss State's Appeal and Petitioner's Petition. Nos. 34207 and 35110) 01-05413
05/09/2001Order/DispositionalFiled Stipulated Dismissal. On March 28, 2001, the State filed a joint motion to dismiss the above-entitled matters. The motion explains that the district court case that is the subject of both the pending appeal (Docket No. 34027) and the writ petition (Docket No. 35110) has been resolved through plea negotiations. We grant the joint motion, and we hereby "ORDER the appeal and the petition dismissed, both parties to bear their own costs." Nos. 34207/35110 (these cases are not consolidated.) EN BANC-WM/CY/MS/DA/RR/NB 01-07722
05/09/2001Case Status Update Case Closed. No remittitur issued.